New allowance for unemployed people who have exhausted their benefit and for technical and auxiliary staff in the culture sector
A new exceptional unemployment benefit of 430 euros is approved, until 31 January 2021, for those who have exhausted all benefits between 14 March, when the first state of alarm began, and 30 June. Unemployment benefit is also extended to technical and auxiliary staff who have worked temporarily and as employees in the cultural sector, and the extraordinary economic unemployment benefit for artists in public performances is extended. The procedures for discontinuous permanent workers are facilitated and the obligation to accredit the active search for employment in order to access the Active Insertion Income programme is eliminated until the end of January.
RDL 32/2020, 3 Nov., on complementary social measures for unemployment protection and support for the cultural sector, includes important measures to improve and adapt the framework of protection for workers affected by the economic effects of the health crisis.
Special unemployment benefit
This new protection measure for workers has been submitted to the Social Dialogue, was included in the 2nd Social Agreement in Defence of Employment and was materialised in the fourth additional provision of RDL 24/2020, 26 Jun. It will cover those whohave exhausted their benefits between 14 March and 30 June 2020 and do not have access to other aid or the possibility of returning to the labour market (art. 1.2).
The possible beneficiaries must be unemployed and registered in the public systems as job seekers. However,accreditation of active job search will notbe necessary (add. 1ªdisp.).
In order to be eligible for this benefit, it is not necessary to complete the waiting month or to prove a lack of income or the existence of family responsibilities (art. 1.3).
This benefit is not granted automatically to potential beneficiaries; it is up to them to apply to the SEPE. However, according to the words of Minister Yolanda Díaz, the SEPE will send personalised letters to those entitled to this benefit so that they can apply for it.
This applicationmay be submitted from 6 November, the day following the date of entry into force of this RDL 32/2020, and up toand including 30 November 2020.
The amount of this benefit will be 430euros (80% of the IPREM) and will be received for 3 monthsand cannot be received more than once (art. 1.6).
The subsidy will not be compatible with the receipt of the Minimum Vital Income or any minimum income of the autonomous communities, the inclusion income, social salary or similar aid from any public administration.
But these measures “come late and badly” according to the CCOO and UGT, who consider that their scope “is less than originally agreed” and their implementation has been delayed for too long.
Extension of special access to unemployment benefits for public entertainers
According to article 2.1, theextraordinary financial benefit for artists in public performances willremain in force until 31 January 2021. This benefit, of€775.83 (70% of €1,108.33 – minimum base of group 7), is incompatible with any other benefit or social assistance granted by any public administration (art. 2.2). Its receipt will be suspended if any activity is carried out as an employee or self-employed person and will be resumed once the work has finished and for the remaining time of receipt, until 31 January 2021 at the latest.
This benefit continues to be governed by the provisions of art. 2 RDL 17/2020, except for the duration of the benefit, which is established in art. 2.1 RDL 32/2020.
Those applications pending resolution, in accordance with art. 2 RDL 17/2020, will be resolved in accordance with the provisions of the aforementioned article. Those that have already been favourably resolved and are still being received on the entry into force of RDL 32/2020 will be automatically recognised for an extension of their duration. And those who have exhausted the financial benefit may submit a new application for recognition of their entitlement for the period established in article 2 of RDL 32/2020.
Exceptional allowance for technical and auxiliary cultural personnel
Unemployment benefit may be paid to technical and auxiliary personnel in the cultural sector who have provided services as employees for the realisation of an event, a work or public performance in any medium or media (art. 3).
Potential beneficiaries must accredit a contribution period in the General Social Security Scheme of at least 35 days, from 1 August 2019 until the date of entry into force of RDL 32/2020, on 5 November (art. 3.1.e). They must also be registered with the public employment services and must not be in full-time employment or self-employment.
They have a period of15 working days – until 27 November – to apply for this benefit from 6 November, the day after the date of entry into force of this RDL 32/2020, the date from which they will be entitled to this benefit (art. 3.2).
The company or companies in the cultural sector in which the worker has left must submit the Company Certificate to the managing body, if they have not done so previously, via Certific@2. In the event that, due to the time that has elapsed since the termination, the company is not in a position to present this certificate, the worker must provide a certificate from the company certifying that he/she has worked as an employee. If this is not possible due to the disappearance or refusal of the company, a responsible declaration stating that the activity carried out in the company meets the conditions set out in article 3.1 (art. 3.3) will suffice.
This allowance shall be paid for 3months and maynot be paid more than once (Art. 3.4).
430(80% of the IPREM) regardless of whether the days worked as an employee in the cultural sector were full-time or part-time (Art. 3.5).
This allowance is incompatible with full-time self-employment or employment, as well as with the receipt of any minimum income, inclusion income, social salary or similar aid granted by any Public Administration. However, it is compatible with part-time employment, with the amount deducted in proportion to the time worked (art. 3.6).
Unemployment benefits for bullfighting professionals
Bullfighting workers, affected by the declaration of the State of Alarm and the restrictions adopted by the health authorities during their usual period of activity, have not been able to pay the necessary contributions to generate the right to unemployment benefit in accordance with their special Social Security contribution regime, and are therefore in a particularly vulnerable situation.
Bullfighting professionals who were on the active census on 31 December 2019 have been granted extraordinary access to the contributory unemployment benefit and have a period of 15 days from 6 November to apply for it (art. 4.1).
775.83 until 31 January 2021 at the latest (Art. 4.3).
This benefit will be incompatible with the receipt of ordinary contributory unemployment benefit (art. 4.2). Neither can people who have income from self-employed or employed activities or who receive other benefits, minimum income, inclusion income, social salary or similar aid granted by any Public Administration.
It is compatible with part-time employment, with the amount deducted in proportion to the time worked.
Processing facilities and improvements for discontinuous permanent workers
It will not be necessary to accredit the active search for employment to access the active insertion income programme until 31 January (1st additional provision).
In the duration of the unemployment benefit fordiscontinuous permanent workers, the periods in which they have been beneficiaries of the aid determined by RDLaw 8/2020, 17 Mar. (add. disp. 2ª) will be understood as worked.
ERTEs due to impairment or limitations of activity
In the processing of ERTEs due to impediments or limitations of activity provided for in article 2.1 and 2 RDL 30/2020, the request for a report from the Labour and Social Security Inspectorate will be optional for the labour authority (new section 2 bis of article 2 RDL 30/2020).